December 14, 1999

Via Certified Mail with separate

copy mailed non-certified US Mail

Park City Performing Arts Foundation

P. O. Box 1297

Park City, Utah 84060

Re: Appeals on GRAMA Requests dated November 17, 1999 to GRAMA Officers, Park City School District and Park City High School re Drepung Loseling Monks, October 18-23, 1999

Dear Sir or Madam,

The Jefferson 21st Century Institute ("the Institute") has appealed the failures of the Park City School District and Park City High School to provide copies of records regarding the appearance of the Drepung Loseling Monks at Park City High School in October. The appeals have been set for hearing on Friday January 7, 2000, at 2:00 p.m. in the Park City School District Office at 2700 Kearns Boulevard, Park City, Utah.

The Institute has reviewed relevant law and the contract between the school district and PCPAF. The Institute believes that the contract itself, and as implemented, inter alia, violates:

Section 53A-3-413(1), Utah Code Annotated, which provides, "All public school buildings and grounds are civic centers and may be used by district residents for supervised recreational activities and meetings."

Section 53A-3-413(2), Utah Code Annotated, which provides, "Use of school property for civic center purposes may not interfere with any school function or purpose."

Park City Performing Arts Foundation

December 14, 1999

Page 2

and

Section 53A-3-414(1), Utah Code Annotated, which provides, "It [the local school board] manages, directs and controls civic centers under this chapter."

The Institute's belief is based, inter alia, upon the school district's and high school's claims that they possesses no records regarding the Monk's prolonged stay at Park City High School and upon Institute's understanding that your organization possesses many, if not most, of such documents. Any arrangement which is alleged to deprive the school board and high school (and thus the public) of possession of documents regarding its publicly-owned civic center facilities is patently illegal and violates Utah public records laws.

Be advised that your organization's relationship, contractual and extra-contractual, with the school district, the high school and other public schools will likely be at the center of the appeals. If the order from the hearing does not require the district and high school to immediately make all records in your custody, and otherwise, available, the Institute will pursue the appeal process into court where your organization will be joined as a party. Therefore, you are hereby offered the opportunity to appear at the appeals hearing on January 7, and indeed are encouraged to be there with legal counsel to state your position.

Sincerely,

Paul W. Mortensen

Executive Vice President

Jefferson 21st Century Institute

PWM/mw

Copy: William Perry Pendley, Mountain States Legal Foundation

Stephen C. Clark, ACLU

Tom Van Gorder, Hearing Officer, Park City School District

Nancy DeFord, Superintendent, Park City School District